i'm joined by senior legal analyst, jeffrey toobin. basically, taxpayers will be paying his unemployment benefits. you say the judge looked at the case superficially. how so? >> well, she made the statement in her opinion that the reason he's going to be getting the benefits is because his speech was protected by the first amendment. that's just absolutely false. there is a huge disconnect between first amendment rights and intentionally defaming someone and i have a federal judge and i have a jury who have decided that this was not first amendment protected activity in any way, shape or form, that my client was defamed. i obtained a $4.5 million verdict a couple months ago against mr. shirvell. >> what's amazing about this, it's not just this horrific blog he kept in which he said all this ridiculous things which were completely false, he showed up at his house. he was videotaping late at night outside his house, he was following this guy around and this isn't some huge public official. this is a guy who was on the student council of